J. H. Williams & Co.

National Labor Relations Board - Board Decisions

Jul 22, 1944

57 N.L.R.B. 634 (N.L.R.B. 1944)

In the Matter of J. H . WILLIAMS & CO. and UNITED OFFICE: AND
PROFESSIONAL WORIKERS OF AMERICA, LOCAL 64, (CIO)
Case No. 3-B-783.-Decided July 2,, 1944
Kenefek, Cooke, Mitchell, Bass and Letchworth, by Messrs. Lyman
A1. Bass and Legrand Kirk, both of Buffalo; N. Y., for the Company.
Mr. David Diamond , of Buffalo , N. Y., for the Union.
Mr. Joseph C. Wells, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Office and Professional
Workers of -America, Local 64 (CIO), herein palled the Union,
alleging that a question affecting commerce had arisen concerning
the representation of employees of J. H. Williams & Co., Buffalo, New
York, herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before Peter
J. Crotty, Trial Examiner. Said hearing was held at Buffalo; New
York, on May 18 and 23,1944. The Company and the Union appeared
and participated., All parties were afforded full opportunity to
,be heard, to examine and cross-examine witnesses, and to introduce
evidence bearing on the issues. The Trial Examiner's rulings made
at the hearing are free from prejudicial error and are hereby affirmed.
All parties were afforded an opportunity to file briefs with the
Board. -
- Upon the entire record in; he case, the Board Snakes the following:
FINDINGS OF FACT
1. THE BUSINESS OF TIIE COMPANY
J. H. Williams & Co. is a New York corporation engaged in the
manufacture and sale of drop forgings and hand tools. The Com-
pany operates' its only plant and has its principal offices at Buffalo,
New York. The Company annually uses raw materials having a total
value in excess of $1,000,000, about one-third of which is shipped to,
57 N. L. R. B., No. 104.
634
J., H. WILLIAMS ' & co. 635
the Buffalo plant from points outside the State of New York. The
Company's annual sales have a total value in excess of $10,000,000, of
which 'about 90 percent represents shipments to points outside' the
State.` The Company employs approximately 2,000'employees. •
The- Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United , Office and Professional Workers of America, Local 64,,
affiliated with the Congress of Industrial Organizations, is a labor
organization admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has-refused-to grant recognition to the Union as the
exclusive bargaining representative of its employees until the Union
has- been certified by the Board in an appropriate unit.
A statement of a Board ageht, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of em-
ployees in the unit hereinafter found appropriate.'
We find that a question affecting commerce has arisen concerning
the representation of. employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT -
The Union requests in its petition that the Board find appropriate
a unit comprised' of all office, clerical, and professional employees of
the Company, excluding supervisory employees." The Company con-'
tends that the employees for whom the Union petitions in this pro-
ceeding should comprise two separate units consisting of main office
clerical employees and factory clerical employees. The Company
further contends that one chemist,-two metallurgists, and three time-
study employees of the Company should be excluded from the unit
or the units which the Board finds to be appropriate.'
' The Field Examiner reported that the Union submitted 71 application for membership
cards ; that the names of 66 persons appearing on the cards were listed on the Company's
pay roll which contained the names of 215 employees in the appropriate unit ; and that
3 of these cards were dated'December 1943 , 18 dated January 1944, 7 dated February 1944,
36 dated March 1944 , and 2 dated April 1944.
Pursuant to a request of the Company made at the hearing , the Trial Examiner, after
the hearing , made a check of the cards against the Company's pay roll of clerical employees
in the main office , the parties having consented to reserve an exhibit number for his report
thereon. The -Trial Examiner 's report, marked Board Exhibit No. 4, is hereby received
in evidence . This report shows that 13 of the cards submitted by the Union bore appar-
ently genuine signatures of employees among the , 93 clerical employees in the main office
building . departments.
2 The original petition of the Union did not use the word "professional " in its descrip-
tion of the unit requested At the hearing the Trial Examiner granted the Union's motion
to amend its petition to include the word "professional."
636' DECISIONS OF NATIONAL LABOR RELATIONS BOARD -
9
The Company recognizes Local No. 1183, United Steelworkers of
America (CIO), as the-,bargaining representative of its production
and maintenance workers, including clerical employees in 'the ware-
house and shipping office, but excluding, inter alia, die sinkers, who
are represented by Local 90, international Die Sinkers Conference, and
all the factory and main office clerical employees here involved. The-
Company and the Union agree that the unit involved in this proceed-
ing should not include any of the employees represented by the organ-
izations named. I '
The main office clerical employees are hired and supervised by the
head of the department of the main office' in which they are to be
employed. Factory clerical employees are hired through the factory
personnel office and in general their work is supervised-by production
supervisors.- Main office clerical employees are paid on a salary basis,
while some factory clerical employees are paid on a salary basis and
others on an hourly basis. The main office clerical employees and about
half of the factory clerical employees use a time clock located at the'
main office, while the remainder of thefitetory clerical,employees: iise',`'
factory time clocks. The main office clerical employees work at the
main office, while the factory clerical employees work in offices located
in the various factory buildings. However, the main office building
and the factory building of the Company are all located in the Com-
pany's plant area, the' dimensions of which preclude a ,geographical
separation of employees by more than approximately 350 yards. It is
undisputed that both main office and factory clerical employees perform
comparable duties requiring similar skill and ability and are subject
to the same over-all labor relations control. In view of these facts,
it is evident that all the clerical employees can effectively be repre-
sented in a single bargaining unit. The differences between the office
and factory groups are, in our opinion, insufficient to require their
= segregation in two separate units. Accordingly, we will include both
main office and factory clerical employees in the unit hereinafter found
to be appropriate.
Subject to their dispute as to whether there should be one unit or
two, the parties stipulated that the appropriate unit should comprise
all office and clerical employees including, inter alia, draftsmen, the
matron,- and the nurses, as well as employees in certain other specific
categories.3 The parties further agreed to exclude from the unit
executives, supervisory employees with authority to hire, promote,
discharge, discipline or otherwise effect changes in the status of em-
ployees,,or effectively recommend such action, and the employees in
8 Namely : the stenographer and the blueprint machine operator in the production
engineering department , the stenographer to the chief engineer, the senior order entry
clerk, the assistants to the eastern and western sales managers, and the aircraft forging
sales manager.
J. H. WILLIAMS & CO. 1 637
numerous occupational categories listed in Appendix A herein.
Among these are lubricating, plant, and product engineers, and many
others whose titles indicate that they, are either supervisory or con-
fidential employees. We approve the stipulation of the parties with
respect 'to the afore-mentioned inclusions and exclusions.
The chemist and the two metallurgists whom the Company seeks to
exclude from the unit are professional employees and the perform-
ance of their duties 'requires a specialized knowledge of scientific
or professional subjects: The chemist does analytical work, weighs
out materials, makes filtrations and calculations, and compiles neces-
sary data for reports. The two metallurgists are advisers on matters,
of material control, heat treating, and machine operations, and in-
vestigate customers' complaints involving functional failures of the
Company's products. The chemist and the two metallurgists 'are
not clerical workers, but are professional employees like the lubricat-
ing, plant, and factory engineers whom the parties, apparently on
the ground of their professional status, have agreed to exclude.
Accordingly, we will exclude the chemist and the two metallurgists
from the unit hereinafter found to be appropriate.
The three time-study employees work in the production office where
they study factory operations, approve factory methods, and estab-
lish production standards and piece rates for factory work performed
'by production employees. The record does not disclose their rates of
pay, degree of skill, or job entrance qualifications. At the hearing
counsel for the Company referred to them as "clerks:". Although the
Company's personnel director testified that the time-study men per-
form "an important management function," the Company does not
contend that they are supervisory employees; 4 nor does it,appear that
they attend collective bargaining conferences on behalf of the Com-
pany,5 or otherwise act in a confidential capacity in respect to matters
relating directly to the problem of labor relations.e It is clear that
their time studies do not affect in any manner the rates of pay of any of
the employees in the unit herein found appropriate.? . Under these cir-
-cumstances we see no reason why they may not be represented in,collec-
tive bargaining, and, since-their work is clerical in nature, we shall
include them in the unit herein involved.,,
We find that all office and clerical employees of the Company, in-
cluding the three tiriie-study employees, draftsmen, the stenographer,
and the blueprint machine operator in the production engineering de-
4 Cf Matter of Gar Wood Industries, Inc, 41 N. L R B 1156; Matter of Oliver Farm
Equipment Company, 53 N. L. R.,B. 1078.
' Cf. Matter of Oliver Farm Equipment Company, supra.
"Of." JA'latter of Creamery Package'Manufactirriny Co , 34 N L R. B 108
7 Cf. Matter of Westinghouse Electric & Manufacturing Co , 45 N. L. R. B. 826 ; Matter of
Westinghouse Electric & Manufacturing Co , 54 N. L R B 272.
s Matter of Westinghouse Electric & Manufacturing Co , 47 N. L R. B. 21, See Matter of
John Morrell and Co ., 52 N. L. R. B. 1300.
638 DECISIONS OF NATIONAL,LABOR IIELATTONS BOARD
partment, the stenographer to the chief engineer, the senior -order
entry clerk, the matron, the six nurses, and the assistants to the eastern
forging, -western forging, and aircraft forging sales managers, but
excluding, the chemist; the two metallurgists, the employees in the_cate-
gories listed in Appendix A herein, all executives, and all 'other super-
visory employees with authority to hire, promote, discharge, discipline,
or otherwise effect changes in the status of employees, or effectively
recommend such action, constitute a unit-appropriate for the purposes
of collective bargaining within the meaning of Section 9 (b) of the
Act. -
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen.be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-roll
period immediately preceding ,the date of the Direction of Election
herein, subject to the limitations and additions set forth in the Direc-
tion. I
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) 'of the National Labor Relations Act,
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Saries 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with J. H. Williams &,
Co., Buffalo, New York, an election by secret ballot shall be conducted
as early as possible, but not'later than thirty (30) days from the-date
of this Direction, under the direction and supervision of the Regional
Director for the Third Region, acting in this matter as agent for the
National Labor Relations Board, and subject to Article III,,Sections,
10 and 11, of said Rules and Regulations, among the employees in the,
unit found appropriate in Section IV, above, who were employed dur-
ing the pay-roll, period immediately preceding the date of this Direc-
tion,including employees who did not work during,the said 'pay-roll
period because they were ill or on vacation or temporarily laid-off,'and•
including employees in the armed forces of the United States who pre-
sent themselves in person at the polls, but excluding any who have since
quit or been discharged for cause and have not been rehired or rein-
stated prior to the date of the election, to determine whether or not
they desire to be represented by United Office and Professional Work-
ers of America, Local 64, affiliated with the Congress of Industrial
Organizations, for the purposes of collective bargaining.'
MR. GERARD D. REu.LY took no part in the consideration of the above
Decision and-Direction of Election. -
J. H. WILLIA VMS , & Co.
APPENDIX A
639'
Advertising Department
The,secretary to the publicity manager
The assistant to the publicity manager
Accounting and' Statistics Department,
The sales statistics clerk
The assistant to the tabulating supervisor
The -accounts receivable bookkeeper
The cashier
The general ledger accountant
The assistant to the billing supervisor
The secretary to the secretary-treasurer
The 'secretary to the president
The billing supervisor
The confidential clerk to the assistant secretary -treasurer
\The stenographer for the credit and collection manager
Cost 'and Pay-roll Departments
The chief cost accountant
The forging cost analyst
The forging die cost analyst
The pay-roll distribution clerk
The paymaster
The assistant to the paymaster
The head timekeeper
The two cost clerks '
Forging Sales Department
The secretary to the forging sales manager,
The assistant to the general sales manager , forging division
-Mail Department
The mail supervisor
The telephone operator
Personnel ,=U face
The secretary and assistant to the employment manager
The utility man
The selective service supervisor
The assistant to the personnel director
The ' clerk
Purchasin g Department
- The assistant to the purchasing agent
640 DECISIONS OF NATIONAL LABOR RELATIONS BOARD'
Production O fce
The scheduler and assistant production control supervisor
The chief clerk
Two two schedulers
The chief dispatcher
The outside inspector co-ordinator ( main office)
The secretary to the vice-president in charge of operation
Warehouse and Shipping Office
The Chief clerk in the warehouse office
All other employees in the warehouse and shipping office, all of
whom are now represented for the purposes of collective bar-
gaining by. Local No. 1183, United Steelworkers of America
(CIO)
Tool Sales Division
The secretary to the vice-president in charge of tool sales
The senior correspondent
The two correspondents
The correspondent in the export section
The supervisor of the file room
The head traffic clerk
Products Engineering Department
Lubricating engineers
Plant engineers
Product engineers
The chief draftsman